2024 (3) TMI 633

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....at the assessee is engaged in the business of development of software and running a call centre. During the survey conducted on 11/12/2002 under section 133A of the Income Tax Act, 1961 (for short "the Act"), it was found that the assessee made payments to IGTL Solutions (USA) and True Dial Technologies INC, without deducting the tax at source under section 195 read with section 9(1)(vi) and (vii) of the Act. According to the learned Assessing Officer the assessee having not made any deduction of tax at source without making any application under section 192(2) of the Act before the learned Assessing Officer (TDS) and without ensuring that an application under section 195(3) of the Act was filed by the recipient to obtain necessary exemptio....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ecessary to refer to the relevant observations of the Hon'ble Apex Court hereunder,- "7. Today, when the matter is taken up for hearing, the entire paper book that was filed before the Tribunal was made available by the learned counsel for appellant and one such document therein is the certificate so issued under section 195(3) of the Act, granting exemption to M/s IGTL solutions (USA) so far as receiving of remittances without deduction of income tax at source. If the contents of the said document is to be accepted and on verification, found to be genuine, the consequences would be that the entire remittances that have been made to M/s IGTL solutions (USA) would be non-taxable so far as TDS is concerned. Further, if the contents of the s....